Legal Question in Wills and Trusts in Illinois
Can I use a small estate affidavit?
My mother recently died and I was wondering if it would be ok to use a small estate affidavit to settle her estate. She owned a home but I also own it as we were joint tenants. Other than the house nothing she owned is more than the $100,000 cut off.
I was also wondering if they issue letters of office for a small estate affidavit? I would like to cash my mother's final pension check but my bank tells me I need a letter of office. Do you know if a bank will accept a small estate affidavit to cash checks?
2 Answers from Attorneys
Re: Can I use a small estate affidavit?
If the personal property is under 100k the Small Estate Affidavit should do the trick. If there's a specific asset you're looking at you might inquire to that bank what they'll accept. The Small Estate Affidavit is what the name implies...it's an affidavit that gets signed that essentially lays out the assets/debts of an estate and lists who's entitled to inherit from the deceased.
Re: Can I use a small estate affidavit?
You will not be issued letters of office for a small estate. The small estate affidavit can be used in lieu of the letters of office, but please double-check with your bank. You should also see a lawyer to make sure that the house is properly transferred to you.
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